Summary
finding that disagreement between plaintiff's and defendant's accounts of a search of plaintiff's prison cell "creates a credibility issue, especially in light of other inconsistencies in the record regarding the search," including an incomplete list of items seized, which in turn reveals "a genuine issue of material fact, sufficient to prevent summary judgment"
Summary of this case from Pimentel v. U.S. Drug Enforcement Admin.Opinion
No. 96-2999.
May 20, 1998.
Appeal from the W.D.N.Y.
Decision without published opinion. Vacated.